37418 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Notices

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

Proposed Extension of Information

Collection Request Submitted for

Public Comment and

Recommendations; Delinquent Filer

Voluntary Compliance Program

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden,

conducts a preclearance consultation

program to provide the general public

and Federal agencies with an

opportunity to comment on proposed

and/or continuing collections of

information in accordance with the

Paperwork Reduction Act of 1995 (PRA

95) (Pub. L. 104–13, 44 U.S.C. Chapter

35). This program helps to ensure that

requested data can be provided in the

desired format, reporting burden (time

and financial resources) is minimized,

collection instruments are clearly

understood, and the impact of collection

requirements on respondents can be

properly assessed. Currently, the

Pension and Welfare Benefits

Administration is soliciting comments

concerning the proposed extension of a

currently approved collection of

information, the Delinquent Filer

Voluntary Compliance Program. A copy

of the proposed information collection

request (ICR) can be obtained by

contacting the individual listed below

in the addresses section of the notice.

DATES: Written comments must be

submitted to the office listed in the

addresses section below on or before

September 8, 1998. The Department of

Labor is particularly interested in

comments which:

• Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility, and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of responses.

ADDRESSES: Gerald B. Lindrew, Office of

Policy and Research, U.S. Department of

Labor, Pension and Welfare Benefits

Administration, 200 Constitution

Avenue, Room N–5647, Washington, DC

20210. Telephone: 202–219–4782 (this

is not a toll-free number). Fax: 202–219–

4745.

SUPPLEMENTARY INFORMATION:

I. Background

The Secretary of Labor has the

authority, under section 502(c)(2) of the

Employee Retirement Income Security

Act of 1974 (ERISA), to assess civil

penalties of up to $1,000 a day against

plan administrators who fail or refuse to

file complete and timely annual reports

(Form 5500 Series Annual Return/

Reports) as required under section

101(b)(4) of ERISA and the Secretary’s

regulations codified in 29 CFR part

2520. Pursuant to 29 CFR 2560.502c–2

and 2570.60 et seq., PWBA has

maintained a program for the

assessment of civil penalties for

noncompliance with the annual

reporting requirements. Under this

program, plan administrators filing

annual reports after the date on which

the report was required to be filed may

be assessed $50 per day for each day an

annual report is filed after the date on

which the report(s) was required to be

filed, without regard to any extensions

for filing. Plan administrators who fail

to file an annual report may be assessed

a penalty of $300 per day, up to $30,000

per year, until a complete annual report

is filed. Penalties are applicable to each

annual report required to be filed under

Title I of ERISA. The Department may,

in its discretion, waive all or part of a

civil penalty assessed under section

502(c)(2) upon a showing by the

administrator that there was reasonable

cause for the failure to file a complete

and timely annual report.

The Department has determined that

the possible assessment of the above

described civil penalties may deter

certain delinquent filers from

voluntarily complying with the annual

reporting requirements under Title I of

ERISA. In an effort to encourage annual

reporting compliance, therefore, the

Department implemented the

Delinquent Filer Voluntary Compliance

(DFVC) Program (the Program) on April

27, 1995 (60 FR 20873). Under the

Program, administrators otherwise

subject to the assessment of higher civil

penalties are permitted to pay reduced

civil penalties for voluntarily complying

with the annual reporting requirements

under Title I of ERISA.

This ICR covers the requirement of

providing data necessary to identify the

plan along with the penalty payment.

This data is the only means by which

each penalty payment is associated with

the relevant plan. With respect to most

pension plans and welfare plans, the

requirement is satisfied by sending,

along with the penalty payment, a copy

of the first page of the delinquent

annual report, which under current

procedures is sent to the IRS.

Under current procedures, certain

pension plans for highly compensated

employees, commonly called ‘‘top hat’’

plans, and apprenticeship plans may

file a one-time statement in lieu of

annual reports. With respect to such

plans for information collection

requirements of the Program are

satisfied by sending a completed first

page of an annual report form along

with the penalty payment. The one-time

statements are required to be sent to a

different address within the

Department. The Program is designed to

allow the processing of all penalty

payments at a single location within the

Department.

II. Current Actions

The Pension and Welfare Benefits

Administration proposes to extend the

currently approved ICR included in the

Delinquent Filer Voluntary Compliance

Program. This Program is intended to

encourage, through the use of reduced

civil penalties, delinquent plan

administrators to comply with their

annual reporting obligations under Title

I of the ERISA. The only ICR included

in the Program is the requirement of

providing data necessary to identify the

plan along with the penalty payment.

The identifying data allows the penalty

to be associated with the relevant plan.

Participation of the Program has ranged

from approximately 3,400 to 3,000 plans

in each year since the Program was

implemented.

Type of Review: Extension of a

currently approved collection.

Agency: U.S. Department of labor,

Pension and Welfare Benefits

Administration.

Title: Delinquent Filer Voluntary

Compliance Program.

OMB Number: 1210–0089.

Affected Public: Business or other forprofit; Not-for-profit institutions.

Frequency: On occasion.

Average Burden Hours/Minutes Per

Response: 21 minutes.

Number of Respondents: 3,100.

Total Annual Responses: 3,100.

Total Annual Burden Hours: 1,085.

Comments submitted in response to

this notice will be summarized and/or

included in the request for OMB
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Notices 37419

approval of the information collection

request; they will also become a matter

of public record.

Dated: July 7, 1998.

Gerald B. Lindrew,

Deputy Director, Pension and Welfare

Benefits Administration, Office of Policy and

Research.

[FR Doc. 98–18430 Filed 7–9–98; 8:45 am]

BILLING CODE 4510–29–M

NATIONAL FOUNDATION FOR THE

ARTS AND HUMANITIES

Proposed Collection, Comment

Request

AGENCY: Institute of Museum and

Library Services.

ACTION: Notice.

SUMMARY: The Institute of Museum and

Library Services as part of its continuing

effort to reduce paperwork and

respondent burden, conducts a

preclearance consultation program to

provide the general public and federal

agencies with an opportunity to

comment on proposed and/or

continuing collections of information in

accordance with the Paperwork

Reduction Act of 1994 (PRA95) [44

U.S.C. 3508(2)(A)]. This program helps

to ensure that requested data can be

provided in the desired format,

reporting burden (time and financial

resources) is minimized, collection

instruments are clearly understood, and

the impact of collection requirements on

respondents can be properly assessed.

Currently the Institute of Museum and

Library Services is soliciting comments

concerning the proposed annual report

for Library Services and Technology Act

Grants to States.

A copy of the proposed information

collection request can be obtained by

contacting the individual listed below

in the addressee section of this notice.

DATES: Written comments must be

submitted to the office listed in the

addressee section below on or before

September 8, 1998.

IMLS is particularly interested in

comments which help the agency to:

• Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g. permitting

electronic submissions of responses.

ADDRESSES: Send comments to: Jane

Heiser, Director of State Programs,

Institute of Museum and Library

Services, 1100 Pennsylvania Ave., NW,

Room 802, Washington, D.C. 20506. Ms.

Heiser can be reached on (202) 606–

5395 or at jheiser@imls.fed.us

SUPPLEMENTARY INFORMATION:

I. Background

Public Law 104–208 enacted on

September 30, 1996 contains the Library

Services and Technology Act, a

reauthorization and refocusing of

federal library programs. This

legislation retains the state-based

approach to library programs and

sharpens the focus to two key priorities:

information access through technology

and information empowerment through

special services.

Public Law 104–208 authorizes the

Director of the Institute of Museum and

Library Services to make grants to States

to assist them to—

(1) Consolidate Federal library service

programs;

(2) Stimulate excellence and promote

access to learning and information

resources in all types of libraries for

individuals of all ages;

(3) Promote library services that

provide all users access to information

through State, regional, national and

international electronic networks;

(4) Provide linkages among and

between libraries;

(5) Promote targeted library services

to people of diverse geographic,

cultural, and socioeconomic

backgrounds, to individuals with

disabilities, and to people with limited

functional literary or information skills.

II. Current Actions

This is a new information collection.

The annual report is needed to assess

outcome of awards as needed for

compliance with the Government

Performance and Results Act. The report

will also facilitate information sharing

and identify promising practices among

the states to help them implement their

state plans.

Agency: Institute of Museum and

Library Services.

Title: Library Services and

Technology Act State Grants Annual

Reports.

OMB Number:

Agency Number: 3137.

Frequency: Once/year.

Affected Public: State Library

Administrative Agencies.

Number of Respondents: 56.

Estimated Time Per Respondent: 20

hours.

Total Burden Hours: 1,120.

Total Annualized capital/startup

costs: 0.

Total Annual Costs: 0.

FOR FURTHER INFORMATION CONTACT:

Mamie Bittner, Director Public and

Legislative Affairs, Institute of Museum

and Library Services, 1100 Pennsylvania

Avenue, NW, Washington, DC 20506,

telephone (202) 606–4646.

Mamie Bittner,

Director, Public and Legislative Affairs.

[FR Doc. 98–18333 Filed 7–9–98; 8:45 am]

BILLING CODE 7036–01–M

NATIONAL SCIENCE FOUNDATION

Submission for OMB Review;

Comment Request; Title of Collection:

EHR Impact Database

AGENCY: National Science Foundation.

ACTION: Notice.

SUMMARY: The National Science

Foundation (NSF) is announcing plans

to request renewal of this collection,

OMB control number 3145–0136, the

EHR (Directorate for Education and

Human Resources) Database. In

accordance with the requirement of

Section 3506(c)(2)(A) of the Paperwork

Reduction Act of 1995, we have

provided an opportunity for public

comment on this action. Such a notice

was published Federal Register 23810,

dated April 30, 1998. No comments

were received.

The materials are now being sent to

OMB for review. Send any written

comments to Desk Officer, OMB, 3145–

0136, OIRA, OMB, Washington, D.C.

20503. Comments should be received by

July 31, 1998.

Comments are invited on (a) whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Agency,

including whether the information shall

have practical utility; (b) the accuracy of

the Agency’s estimate of the burden of

the proposed collection of information;

(c) ways to enhance the quality, utility,

and clarity of the information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.